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(영문) 서울서부지방법원 2018.07.03 2018고단1067

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 6, 2018, at around 23:00, the Defendant, along with the victim E (at the age of 55) who fright to sexual intercourse in Seodaemun-gu Seoul, brought a bath in the form of mixed-level boom in the state of drinking. While the Defendant was carrying the tables, the Defendant, on the ground that the victim frights the Defendant, inflicted injury on the victim’s left snow part of the victim’s left kne and knee-free part on the ground that the victim frights the Defendant, and caused injury on the next victim once, such as the left skle fel, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to photographs and diagnostic reports of victims;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. Application of the sentencing criteria [types] : One type (general injury) (person subject to special sentencing) and mitigation element ; non-won of punishment (the area of recommendation and the scope of recommended punishment) mitigated area; two months to one year.

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (any unfavorable condition) that the degree of injury is not minor (or a favorable condition) with the victim, and thus, the victim does not want the punishment of the defendant, and there is no past record of punishment as well as one time of fine, and serious reflect that the victim does not want such punishment;